Thurston and Loomis and Ors (No 2)

Case

[2018] FamCA 103

27 February 2018


Details
AGLC Case Decision Date
Thurston and Loomis and Ors (No 2) [2018] FamCA 103 [2018] FamCA 103 27 February 2018

CaseChat Overview and Summary

In *Thurston and Loomis and Ors (No 2)*, Forrest J made orders concerning the management and distribution of funds held within the R Superannuation Fund. The proceedings involved Ms Thurston and Mr Loomis, with Mr RO acting as trustee and Mr BG of E Accountants tasked with significant responsibilities regarding the fund's assets.

The court was required to determine the immediate steps for managing the superannuation fund's assets, including the transfer of funds, their investment, and the payment of specific amounts to parties involved. Furthermore, the court needed to establish a framework for the determination of other liabilities of the fund, the calculation of member account balances, and the estimation of professional fees for the administrator, all in anticipation of final property settlement orders.

Forrest J ordered that Mr RO, as trustee, transfer all funds to Mr BG. Mr BG was directed to invest these funds in an "at call" business savings account for the R Superannuation Fund, holding them on trust pending further court orders. Specific payments were to be made from the fund: $1,500 to Ms Thurston for reimbursement of personal expenses, and $2,032.05 to Mr RO for administrative tasks. Mr BG was also to identify and address other liabilities of the fund, including tax liabilities, and then determine and notify the parties and the Court of the member account balances. Finally, Mr BG was to estimate his professional fees for his role, including anticipated future responsibilities related to the final division of the fund's assets as per the likely final property settlement orders.
Details

Areas of Law

  • Equity & Trusts

  • Civil Procedure

Legal Concepts

  • Injunction

  • Remedies

  • Costs

  • Fiduciary Duty

  • Constructive Trust

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